Alimony is usually the number that decides whether a settlement feels survivable. Whether you are the one who may pay it or the one who may need it, the arithmetic is personal long before it is legal.
Our St. Petersburg spousal support and alimony lawyers build the financial case behind that number, then argue it in Pinellas County court. Khonsari Law Group represents both payors and recipients in dissolution of marriage cases, and we work from the current version of Florida's alimony statute, which changed substantially in 2023.
Call Khonsari Law Group at (727) 269-5300 to have your alimony exposure reviewed.
Is alimony automatic in a Florida divorce?
No. Nothing about alimony in Florida is automatic. Before a judge awards anything, the person asking has to prove two things: an actual need for support, and the other spouse's ability to pay it. Fla. Stat. 61.08 puts that burden squarely on the party requesting support, and requires the judge to make written findings either way.
A prior prenuptial or postnuptial agreement can also waive or limit alimony before this analysis ever applies.
That structure cuts both directions. A spouse who has been out of the workforce for fifteen years does not automatically receive support. A high earner is not automatically on the hook. What decides it is evidence: tax returns, earning capacity, health, and what the household actually spent.
What kinds of alimony can a Florida court order?
Florida recognizes four forms, each built for a different problem. Understanding which one is in play tells you more about your exposure than any online calculator.
| Type | What it is for | Duration limit | Modifiable? |
|---|---|---|---|
| Temporary | Support while the case is pending | Ends when the case ends | Yes, while the case is open |
| Bridge-the-gap | Short-term, identifiable transition costs | 2 years maximum | No, not in amount or duration |
| Rehabilitative | Education, training, or credentials to become self-supporting | 5 years maximum | Yes, and it requires a written plan |
| Durational | Economic assistance for a set period after a marriage | Tied to the length of the marriage | Amount yes, length only in exceptional circumstances |
Rehabilitative alimony needs an actual plan
A judge cannot award rehabilitative alimony on a general promise to go back to work. The statute requires a specific and defined rehabilitative plan in the order itself: the program, the timeline, and the credential at the end of it. Requests without a plan get denied, and we have seen otherwise strong cases fall apart on that single omission.
Durational alimony is now the workhorse
For most Pinellas County marriages that end after a decade or more, durational alimony is the realistic outcome. It carries the tightest math, which is where the next two sections matter most.
How long can durational alimony last in Florida?
Durational alimony is capped as a percentage of the length of the marriage, and marriages under three years do not qualify for it at all. Florida measures the marriage from the wedding date to the date the dissolution action is filed.
| Marriage length | Statutory category | Maximum durational alimony |
|---|---|---|
| Under 3 years | Not eligible | None |
| Under 10 years | Short-term | 50% of the length of the marriage |
| 10 to 20 years | Moderate-term | 60% of the length of the marriage |
| 20 years or more | Long-term | 75% of the length of the marriage |
A twelve-year marriage therefore carries a durational ceiling of roughly seven years and two months, not "until retirement." A court can extend that term only on clear and convincing evidence of exceptional circumstances, such as a disability that prevents self-support or caregiving for a disabled child the couple shares.
One nuance worth flagging: those marriage-length categories are rebuttable presumptions, not fixed rules. In a marriage that sits near a threshold, the category itself becomes something worth litigating.
Is there a cap on how much alimony you pay?
Yes, for durational alimony. The amount is the recipient's reasonable need or 35 percent of the difference between the parties' net incomes, whichever is less. Net income is calculated the way child-related figures are calculated under Fla. Stat. 61.30(2) and (3).
Two points get missed constantly. First, that 35 percent ceiling is written into the durational subsection, so it does not automatically apply to every form of support. Second, there is a separate protection in the statute: an alimony award may not leave the payor with significantly less net income than the recipient unless the judge makes written findings of exceptional circumstances.
If your spouse's proposal fails either test, that is an argument, not a complaint.
Bring us the numbers before you agree to them. Call (727) 269-5300.
What does the judge actually weigh?
The court works through a statutory list before setting any figure. In practice, the factors that move Pinellas judges most are:
- The standard of living during the marriage, measured against what each household will realistically need afterward.
- Earning capacity, not just current income. A spouse who left a career to raise children is evaluated on what they could earn with retraining, and a spouse who recently took a pay cut may be evaluated on what they were capable of earning.
- Each party's contribution to the marriage, including homemaking, child care, and support of the other spouse's education or career.
- Age, and physical, mental, and emotional condition, including any disability affecting the ability to earn or to pay.
- Responsibilities for shared minor children, with particular weight given to caring for a child with a disability.
The statute also permits a court to consider adultery and its economic impact. That is narrower than most people assume. What matters is whether marital money was spent on the affair, not the affair itself.
What happened to permanent alimony in Florida?
Florida eliminated permanent alimony effective July 1, 2023. Senate Bill 1416 removed it from Fla. Stat. 61.08 and left the four forms described above.
The change also reset how marriage length is categorized. Before July 2023, the thresholds were under 7 years, 7 to 17 years, and 17 years or more. They are now under 10, 10 to 20, and 20 or more. Anyone working from an article written before mid-2023, and there are many still ranking, is working from repealed law.
Existing permanent alimony awards entered before the change were not erased. They remain enforceable, and they remain subject to the modification and termination rules below.
Can alimony be changed after the divorce is final?
Yes, in three situations. This is where a large share of our alimony work actually happens, often years after the original judgment.
A substantial change in circumstances
Under Fla. Stat. 61.14, either party can petition the circuit court when finances change materially. Job loss, a serious illness, or a significant income increase can all qualify. Voluntary underemployment generally does not.
A supportive relationship
If the recipient is in a supportive relationship with someone they are not related to, the court must reduce or terminate the award once that relationship is proven. The 2023 amendments changed this from a discretionary "may" to a mandatory "must."
Courts look at whether the couple holds themselves out as married, how long they have lived together, whether they pool income, and whether one provides services to the other's household or business.
Retirement
A payor who has reached normal retirement age as defined by the Social Security Administration, or the customary retirement age in their profession, may ask the court to reduce or terminate support. The judge weighs the payor's health, motivation for retiring, the assets each party accumulated, and the effect on the recipient. Retiring first and asking later is the wrong order.
Do you pay taxes on alimony in Florida?
Not under current federal law, for most people. For divorce or separation agreements executed after 2018, alimony is not deductible by the person paying it and is not included in the recipient's gross income. The IRS explains the rule in Topic No. 452.
That matters at the negotiating table. Because the payor no longer gets a deduction, the same dollar of support costs more than it did before 2019, and older settlement rules of thumb overstate what a payor can absorb.
Alimony work from both sides of the table
Alimony is an evidence problem before it is an argument.
Rohom Khonsari built his career as a former Assistant State Attorney, work that turns on building a record and cross-examining the other side's version of it. He is an Avvo Client Choice winner, and Khonsari Law Group is BBB A+ accredited. His commentary has been featured by ABC Action News, Bay News 9, the Tampa Bay Business Journal, and the Tampa Bay Times.
We represent payors and recipients, which means we know what the other side's lawyer is preparing. We handle alimony inside full dissolution of marriage cases and as standalone modification petitions in the Sixth Judicial Circuit, which covers Pinellas and Pasco counties. Filings go through the Pinellas County Clerk of the Circuit Court.
Alimony questions we hear in the first meeting
Can we settle alimony without a trial?
Often, yes. Many Pinellas County couples resolve support through negotiation or mediation, which lets both sides control the outcome and avoid the cost of a contested hearing. The agreement still has to be approved and entered by the court to be enforceable.
What happens if my former spouse stops paying?
You can enforce the order. The court has contempt powers and can order income deduction, meaning support comes directly out of the payor's wages. Acting early matters, because arrears grow and courts look at how long you waited.
Does my new spouse's income count against me?
Not directly. A new spouse has no obligation to support your former spouse. But a remarriage can change your household expenses, which is sometimes relevant to a needs analysis, and it can raise questions if marital funds are being shifted.
How soon should I talk to a lawyer if I think I will need support?
Before you move out or agree to an interim arrangement. Temporary decisions made in the first weeks often become the baseline a judge reads as normal, and undoing that impression is harder than setting it correctly.
The number in your judgment will follow you for years
Alimony is the one term in a Florida dissolution that keeps two people financially connected long after everything else is divided. It deserves more care than a rule of thumb or a calculator built for another state's law.
Khonsari Law Group represents clients throughout St. Petersburg, Pinellas County, and Tampa Bay in alimony, modification, and enforcement matters. Alimony is one part of our broader family law practice. We will show you the realistic range before you commit to anything.
Call (727) 269-5300 or contact Khonsari Law Group to speak with a St. Petersburg spousal support and alimony lawyer.